April 1726, 16–30

April 18.St. James's.

113. Order of King in Council. Approving the appointment of Major Gordon as Deputy Governor of Pennsylvania without limitation of time, and of the three lower counties during only H.M. will and pleasure, the conditions required, 11th March, having been fulfilled. Signed, Robert Hales. Endorsed, Recd. 25th May, Read 7th June, 1726. 1½ pp. [CO. 5, 1266. ff. 211, 211v., 212v.]

April 18.St. James's.

114. Order of King in Council. Approving Instructions relating to Acts of Trade and Navigation, for Springett and Hannah Penn, Proprietors of Pennsylvania, etc. Signed and endorsed as preceding. 1 p. [CO. 5, 1266. ff. 213, 214v.]

116. Two Orders of King in Council. Continuing Jeremiah Brown in possession of his plantation in the late French part of St. Kitts etc. (v. 3rd March, 1725). Governor Hart to be instructed accordingly. Set out, A. P. C. III. No. 78. Signed and endorsed as preceding. The whole, 3¼ pp. [CO. 152, 15. ff. 254–256, 257v.]

April 18.St. James's.

117. Order of King in Council. Approving Representation of 17th March, and appointing Archibald Kennedy to the Council of New York. Signed and endorsed as preceding. 1 p. [CO. 5, 1054. ff. 8, 9v.]

119. Lt. Governor Drysdale to the Council of Trade and Plantations. Has had no commands from the Board since his last of Nov. 17. Reserves his narrative of affairs till after the next session of Assembly to be held 12th May. Encloses for the consideration of the Board the case between the King and the Proprietors of the Northern Neck, touching certain fines and forfeitures claimed by them within that territory, as granted them by enclosed letters patents. Continues:— This dispute was begun in my predecessor's time, and left undetermined: and tho' some attempts have been made since to end the controversy by the decision of the Genll. Court, yet as the learning and construction of the King's grants, is a new and untrodden path to the judges in these parts of the world, I am the rather desirous to have the opinion of those who are more conversant in the law; which may either serve to end the dispute without further suit, or to direct the judgement, in case there bee a necessity to bring this matter to a tryall. I doubt not your Ldspps. will judge this a matter of that consequence to the King's service, that you will require a very full and particular opinion of those Councell that are employ'd in itt; and I must also add that it is very necessary that such opinion bee transmitted hither as soon as may bee, because there are many fines and forfeitures which have arisen in that tract for some years past yet remaining unpaid, and must continue so untill it be determined to whom they belong. There is one point more depending on this controversy, wherein I begg your Ldspps'. assistance in the resolving itt, that is, how far the Govr. of Virga. may excercise the autority given him by H.M. in pardoning offences and remitting of forfeitures arising in that Northern Neck: For as it would be hard to suppose the inhabitants of that tract, to bee excluded from an equall share of H.M. mercy with the rest of the Colony, it will be no less disagreeable to the people there, to find themselves under the hard circumstance of being sure to suffer the penalties of the law, from persons who farm the profitts of that tract: and they paying annually large sums, have noe inclinations to forgive or grant any favour, whatever circumstances either of compassion or meritt may appear in their case etc. Asks for speedy directions relating to the lands in Brunswick and Spotsilvania, "because, while matters continue in suspence, the settlemt. of the frontiers goes on but slowly, and the King loses his rents of very large tracts already granted." Refers to enclosed account of revenue (No. i), "that your Ldspps. may observe the sufficiency of that fund, notwithstanding the small crop of tobacco last year." Concludes:— I hope that summe will be largely increased by this years export, and the promising prospect of the present cropp, which has hitherto been favoured with ye finest season that could have been wished. Tho' I am accused of fallaciousness att your Ldspps. board, I protest there is no fallacy in what I am now going to report; which is that the Colony of Virga. is at present in a very flourishing condition, and a generall harmony reigns in all parts of the Goverment etc. Signed, Hugh Drysdale. Endorsed, Reed. 27th, Read 28th June, 1726. Holograph. 6 pp. Enclosed,

119. iv. Statement of case between Crown and Proprietors of Northern Neck, with questions arising therefrom; viz.:—(i) What shall pass by the grant of felons' goods in the Letters Patents of James II, and whether the goods of a felo de se shall not pass thereby? (ii) Whether fines imposed by the King's Courts upon persons residing within the sd. territory, for contempts or otherwise, shall not pass by the sd. Letters Patents, and what fines shall pass thereby? (iii) What shall pass by the word forfeitures in the said Letters Patents? Endorsed as preceding. 2½ pp. [CO. 5, 1320. ff. 11–14v., 15v., 16v.–17v., 18v.–26v.]

April 20.Bermuda.

120. Lt. Governor Hope to the Duke of Newcastle. Encloses following. Repeats request for appointment of Capt. Butterfield to succeed Captn. Samuel Rayner deed, and asks that Robert Dinwiddie, appointed Collector of Customs, may succeed to Capt. Thomas Parsons "bound off from hence to London never to return." Signed, John Hope. Endorsed, R. Sept. 23. Duplicate. 1 p. Enclosed,

120. i. List of persons fit to supply vacancies in the Council of Bermuda. Same as 30th Sept., 1725. Signed and endorsed as preceding.½ p. [C.O. 37, 28. Nos. 35, 35. i.]

122. List of papers (1717) laid before the House of Commons, relating to lands in the late French part of St. Kitts, in pursuance of their resolution and address, 29th March. [C.O. 153, 14. p. 209.]

April 21.Whitehall.

123. Council of Trade and Plantations to the King. Recommend Edward Man, H.M. Casual Receiver and Receiver of the 4½ p.c, for the Council of St. Kitts in place of Ste. Duport deed. [C.O. 153, 14. p. 210.]

125. H.M. Warrant appointing George Lucas to the Council of Antegoa, in the room of John Hamilton, deed. Countersigned, Holles Newcastle. [C.O. 324, 35. p. 167.]

April 27.Barbados.

126. Governor Worsley to the Duke of Newcastle. Encloses Acts (i) for erecting magazines at St. Anne's Castle, and building a town-hall and goal in the town of St. Michael; (ii) appointing agents for this island in Great Britain; and (iii) for the payment of money due from the publick to the Hon. William Downes Esq., and Journals of Council, 31st Aug. 1725 —15th Feb. 1726; of the Court of Chancery, 1st Sept.— 22nd March ; of Assembly, 18th Jan.—12th April; and of the Court of Escheats, 8th Oct.–15th Jan. etc. Refers to other enclosures, v. infra. Signed, Henry Worsley. Endorsed, R. June 27. 3 pp. [C.O. 28, 44. No. 101.]

April 27.Barbados.

127. Same to Same. Encloses examination etc. in relation to Messrs. Hales and Hodges petition, in pursuance of order, 20th July last, received by Mr. Young 21st Dec. last etc. Continues:—Being very much indisposed and continuing so for some time, I was not able to take it till the 12th of February. It has swelled to a far greater bulk than I possibly thought it could etc. In relation to Mr. Sutton's true and impartial narrative, besides what I examined on oath; I have enclosed authentick copys of some letters that passed just at the time when Mr. Sutton gave me the said narrative. Your Grace will observe at the beginning of the second day's examination, 14th Feb., a letter from Mr. Wooding to Mr. Young, sworn to before me by the said Wooding, it sets forth that Mr. Sutton would have suborned him to swear, that he had heard Mr. Young say that he had given me a thousand pounds, (which Mr. Sutton owed Mr. Young) to refuse Mr. Sutton an injunction, in order to get his estate, and that if he would do it, he would send it home, to some Clergyman that is great at Court, and my Lord somebody, and to Collo. Bladen, and that he did not doubt doing my business at home, and have me broke upon it. The letter is really worth your Grace's perusal, by which your Grace will see, what sort of people I have to govern, and who I have in the Council; Your Grace will further observe the examination of Geraughty, how Mr. Sutton had him imprison'd, how he joyntly with Mr. Sedgwick, another justice of ye peace, brought him out of prison to a tavern, and would have had him sign a deposition, which Mr. Sedgwick was to have drawn up, which Geraughty refusing to do, and desiring to be sworn, and that then he would tell the truth, Mr. Sutton, and the other justice, remanded him back to prison, and Mr. Sutton ordered him to be put in irons. Your Grace may easily imagine, that with such a Counsellor, no Gentleman in my position can be easy, or any regularity be supported in Government, with such Justices of the Peace; whether these two cases are included within the order of their Excellencies the Lords Justices, I shall not dispute; But as these facts were sworn to before me in the course of the examination, which I am to transmit to the King in Council, for H.M. further pleasure thereon, I shall not determine anything against these Gentlemen, however I may judge it for the good of H.M. subjects in this Government least it might be construed in disobedience to their Excellencies commands, for which, I have the greatest deference and veneration, but most humbly wait H.M. pleasure. I am informed Mr. Sutton has made several complaints against me, I don't know, nor can imagine, of what nature they are; Mr. Bladen is the person he pretends to correspond with. If any complaint has been laid before your Grace, I must beg your Grace not to give any credit to it till I have the honour to send you my answer. Your Grace will be so good as to pardon me if I seem desirous of having H.M. pleasure, in relation to this examination as soon as possible, because I am sure it will contribute very much to the peace and quiet of this Governmt. Mr. Sutton has lately desired a copy of the examination, which I have not granted him, in that I think I can't justify the giving a copy of what I am to transmit to H.M. in Council. I took the examination in the most publick and solemn manner. I allowed Mr. Sutton three Counsellors and two Attorneys at Law, to assist him in cross-examining Messrs. Hales and Hodges' evidences, and afterwards I examined upon oath, if not as many as Mr. Sutton summon'd, yet as many as he desired might be examined, for when I asked him, if he had any more to be examin'd, he told me he had no more etc. Refers to enclosures. Signed, Henry Worsley. Endorsed, Rd. June 27. 6 pp. Enclosed,

130. Duke of Newcastle to Governor Hart. In pursuance of Orders of Council, April 18, q.v., gives instructions that Jeremiah Brown is to be continued in quiet possession of the 80 acres in St. Kitts, till H.M. further pleasure etc. Signed, Holles Newcastle. Annexed,

131. (a) Affidavit by William Webster, Depty. Secretary of Barbados, that the following examinations were taken down word for word by himself in short hand, and his two Clerks in writing etc. 1 p.

(b) Witnesses submitted by Capt. Joseph Young and Edmund Sutton, and their examinations before the Governor 12th Feb. 1726, in pursuance of Order in Council 20th July, 1725, upon the petition of Robert Hales and Thomas Hodges jr. against Mr. Sutton, with depositions, orders and decrees etc. relating thereto, and the will of John Hallett etc. [C.O. 28, 43. pp. 263–454.]

[April 28.]

132. Col. Spotswood to the Council of Trade and Plantations. Prays that Lt. Governor Drysdale may be instructed not to proceed upon any of the points, with respect to the Brunswick and Spotsylvania grants, upon which Mr. Attorney and Solicitor General recently reported, etc. (v. 20th Jan.). That report left several points to be wholly determined by H.M. pleasure, and memorialist is making application for such determination etc. Endorsed, Reed., Read 28th April, 1726. 1¼ pp. [C.O. 5, 1320. ff. 3, 3v., 4v.]

[April 28.]Whitehall,

133. Mr. Popple to Mr. Burchett. Encloses copies of papers received from Lt. Governor Dummer relating to the authority of the Admiralty Court in N. England, for the information of the Lords Commissioners of the Admiralty. [C.O. 5, 915. p. 453.]

[April 28.]New York

134. Governor Burnet to Mr. Popple. I have nothing worth troubling the Lords with, but I send you the printed votes of the Assembly by which you will see that we have begun in pretty good humour, they could not be brought to continue the revenue for five years, so that I was obliged to agree to take it for three, which they have resolved. I enclose the Muster-rolls to Mr. Mitchel and some other packets which I hope you will have the goodnesse to send as directed etc. Signed, W. Burnet. Endorsed, Reed. 10th, Read 23rd, June 1726. Holograph. 1 p. Enclosed,